[Federal Register Volume 86, Number 246 (Tuesday, December 28, 2021)]
[Rules and Regulations]
[Pages 73631-73638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28116]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 11, 25, and 95
[NRC-2020-0133]
RIN 3150-AK49
Access Authorization Fees
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations to update the access authorization fees charged to NRC
licensees for work performed under the Material Access Authorization
Program and the Information Access Authority Program. The change in
fees is due to an increase in the review time for each application for
access authorization. This amendment is prompted by a recent audit of
fees performed by an external certified public accounting and financial
management services firm and ensures that the NRC continues to recover
the full costs of processing access authorization requests from NRC
licensees. The direct final rule also makes two administrative changes
to revise definitions to include new naming conventions for background
investigation case types and to specify the electronic process for
completing security forms.
DATES: The final rule is effective March 14, 2022, unless significant
adverse comments are received by January 27, 2022. If the direct final
rule is withdrawn as a result of such comments, timely notification of
the withdrawal will be published in the Federal Register. Comments
received
[[Page 73632]]
after this date will be considered if it is practical to do so, but the
NRC is able to ensure consideration only for comments received on or
before this date. Comments received on this direct final rule will also
be considered to be comments on a companion proposed rule published in
the Proposed Rules section of this issue of the Federal Register.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal rulemaking website:
Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0133. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
email: [email protected]. For technical questions, contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Emily Robbins, Office of
Administration, telephone: 301-415-7000, email: [email protected]
or Vanessa Cox, Office of Nuclear Material Safety and Safeguards,
telephone: 301-415-8342, email: [email protected]. Both are staff of
the U.S. Nuclear Regulatory Commission, Washington DC 20555-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Discussion
V. Section-by-Section Analysis
VI. Regulatory Flexibility Certification
VII. Regulatory Analysis
VIII. Backfitting and Issue Finality
IX. Plain Writing
X. National Environmental Policy Act
XI. Paperwork Reduction Act Statement
XII. Congressional Review Act
XIII. Voluntary Consensus Standards
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2020-0133 when contacting the NRC
about the availability of information for this action. You may obtain
publicly available information related to this action by any of the
following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0133.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737,
or by email to [email protected]. The ADAMS accession number for
each document referenced (if it is available in ADAMS) is provided the
first time that it is mentioned in this document.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal
holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2020-0133 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Rulemaking Procedure
Because the NRC considers this action to be non-controversial, the
NRC is using the ``direct final rule process'' for this rule. This
amendment is effective on March 14, 2022. However, if the NRC receives
significant adverse comments on this direct final rule by January 27,
2022, then the NRC will publish a document that withdraws this action
and will address the comments received in a subsequent final rule as a
response to the companion proposed rule published in the Proposed Rules
section of this issue of the Federal Register. Absent significant
modifications to the proposed revisions requiring republication, the
NRC will not initiate a second comment period on this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if
it meets the following criteria:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required under the following
circumstances:
(a) The comment causes the NRC to reevaluate (or reconsider) its
position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the NRC to make a change (other than
editorial) to the rule.
For detailed instructions on filing comments, please see the
ADDRESSES section of this document.
III. Background
Certain individuals employed by NRC licensees or their contractors
require access to special nuclear material (plutonium, uranium-233, and
uranium enriched in the isotopes uranium-233 or uranium-235),
restricted data, or
[[Page 73633]]
national security information. These individuals obtain an access
authorization from the NRC. When a licensee requests access
authorization for an employee or a contractor, the NRC initiates an
investigation of the individual seeking access authorization. Based on
the results of that investigation, the NRC determines whether
permitting that individual to have access to special nuclear material,
restricted data, or national security information would create a
security risk.
The Defense Counterintelligence and Security Agency (DCSA) conducts
the access authorization background investigations for the NRC and sets
the rates charged for these investigations. The combined cost of the
DCSA background investigation and any related NRC processing activities
(NRC processing fee) is recovered from the licensee through an access
authorization fee assessed by the NRC. It is the NRC's practice to
publish the fee schedule for special nuclear material access
authorization in Sec. 11.15(e) of title 10 of the Code of Federal
Regulations (10 CFR) and the corresponding fee schedule for restricted
data and national security information access authorization in appendix
A to 10 CFR part 25. Both schedules are based on rates charged by DCSA
for conducting the access authorization background investigations (DCSA
investigation billing rates).
IV. Discussion
Updated Access Authorization Fees
This direct final rule amends 10 CFR parts 11, 25, and 95, along
with appendix A to 10 CFR part 25. The NRC is revising the processing
fee charged to licensees for work performed under the Material Access
Authorization Program (MAAP) and the Information Access Authority
Program (IAAP) from 55.8 percent of the DCSA investigation billing
rates to 90.2 percent. A September 2019 NRC audit of actual in-house
costs incurred in processing licensee applications for access
authorization showed an increase in the NRC's review time for each
application. The audit also showed that the NRC was not recovering its
full-cost fees for the time spent processing the increased number of
complex applications; despite a 2016 biennial review indicating
increasing costs, the NRC had not adjusted its fees since 2012.
In addition, all requests for reciprocity will be charged a flat
fee rate of $95.00. Previously, the NRC did not charge a fee for
reciprocity requests because certain applications from individuals with
current Federal access authorizations were processed expeditiously and
at a reduced cost. This flat fee will be aligned with the level of
effort that has recently been expended by DCSA to process reciprocity
requests and accounts for inflation as well as recovery of the
appropriate cost for conducting this work. In cases where reciprocity
is not acceptable and it is necessary to perform a background
investigation, then the NRC will charge the appropriate fee based on
the DCSA investigation billing rate. This direct final rule continues
to allow licensees to calculate the NRC access authorization fee for
any given application by referencing the current DCSA investigation
billing rates schedule for background investigation services.
Reimbursable billing rates for personnel background investigations are
published by DCSA in a Federal Investigations Notice (FIN). The current
DCSA investigation billing rates are published on the DCSA website and
are available at https://www.dcsa.mil/mc/pv/gov_hr_security/billing_rates/. The NRC's licensees can also obtain the current DCSA
investigation billing rates schedule by contacting the NRC's Personnel
Security Branch, Division of Facilities and Security, Office of
Administration by email at
[email protected].
The fee-calculation formula is designed to recover the NRC's actual
in-house processing costs for each application received from a
licensee. The NRC's access authorization fee for any given request is
determined using the following formula: The DCSA investigation billing
rates on the day the NRC receives the application + the NRC processing
fee = the NRC material access authorization fee. The provisions in this
direct final rule set the NRC processing fee; the fee is determined by
multiplying the DCSA investigation billing rate on the day the NRC
receives the application by 90.2 percent (i.e., DCSA rate x 90.2
percent).
Public Law 115-439, the Nuclear Energy Innovation and Modernization
Act (42 U.S.C. 2215), requires the NRC to recover through fees the full
cost incurred in providing a service or thing of value. As noted
previously, the DCSA investigation billing rates are pulled directly
from the current DCSA fee schedule for investigations. The tables in
revised Sec. 11.15(e)(3) and appendix A to 10 CFR part 25 cross-
reference each type of NRC access authorization request to the
appropriate investigation service listed in the DCSA's investigation
billing rates schedule. For example, a licensee seeking a special
nuclear material ``NRC-U'' access authorization requiring a Tier 5 (T5)
investigation is directed by the table in Sec. 11.15(e)(3) to
calculate the NRC processing fee based on the DCSA investigation
billing rates for a ``standard'' T5 investigation. According to the
current DCSA investigation billing rates schedule (FIN 20-04, ``FY 2021
and FY 2022 Investigations Reimbursable Billing Rates,'' June 30,
2020), the DCSA charges $5,465 for a ``standard'' T5 investigation. The
table instructs the licensee to calculate the NRC's application
processing fee by multiplying $5,465 by 90.2 percent, which equals
$4,929.43. The licensee then rounds the NRC's processing fee to the
nearest dollar, or $4,929, and adds that amount to the DCSA
investigation billing rate of $5,465 to determine the total NRC access
authorization fee: $10,394.
The following table illustrates the calculation process:
------------------------------------------------------------------------
Plus NRC application Equals total
processing fee NRC access
Current DCSA investigation ---------------------------- authorization
billing rate for standard T5 DCSA rate NRC fee x 90.2% fee for NRC-U
= (rounded to nearest $) application
------------------------------------------------------------------------
$5,465 $5,465 x 90.2% = $ = $10,394
4,929,43 (rounded to
$4,929).
------------------------------------------------------------------------
Licensees applying for restricted data or national security
information access authorization follow a similar procedure. The table
in appendix A to 10 CFR part 25 cross-references each type of ``Q'' or
``L'' access authorization to the corresponding DCSA investigation
type. The DCSA investigation billing rate for the type of investigation
referenced is determined by consulting the current DCSA investigation
billing rates schedule. This rate is then used in the formula to
calculate the correct NRC access authorization fee for the type of
[[Page 73634]]
application submitted. Copies of the current NRC access authorization
fees can be obtained by contacting the NRC's Personnel Security Branch,
Division of Facilities and Security, Office of Administration by email
to [email protected]. Any change in
the NRC's access authorization fees will be applicable to each access
authorization request received on or after the effective date of the
DCSA's most recently published investigation billing rates schedule.
Administrative Changes
In Federal Investigations Notice Number 16-07, dated September 26,
2016 (https://www.dcsa.mil/Portals/91/Documents/pv/GovHRSec/FINs/FY16/fin-16-07.pdf), the Office of Personnel Management (OPM) implemented
the Federal Investigative Standards according to the phased Federal
Investigative Standards Implementation Plan issued by the Suitability
and Security Executive Agents. In accordance with the plan, the Access
National Agency Check with Inquiries was renamed to Tier 3 (T3) and the
National Agency Check with Law and Credit was renamed to Tier 3
reinvestigation (T3R). The T3 investigation is required for positions
designated as non-critical sensitive and/or requiring eligibility for
``L'' or ``R'' access or access to Confidential or Secret information.
The T3R is the reinvestigation product for the same positions. The
Single Scope Background Investigation was renamed to Tier 5 (T5) and
the Single Scope Background Investigation-Periodic Reinvestigation was
renamed to Tier 5R (T5R). The T5 investigation is required for
positions designated as critical sensitive, special sensitive, and/or
requiring eligibility for ``Q'' or ``U'' access or access to Top Secret
or Sensitive Compartmented Information. The T5R is the reinvestigation
product required for the same positions. This direct final rule revises
the definitions in 10 CFR parts 11, 25, and 95 to include the new
naming conventions for background investigations case types. The
definitions for the NRC ``R'' and NRC ``U'' special nuclear material
access authorizations include the renamed investigation types Tier 3
and Tier 5, respectively. Also, the definitions for NRC ``L'' and NRC
``Q'' access authorizations include the renamed investigation types
Tier 3 and Tier 5, respectively.
In 2005, the OPM implemented the Electronic Questionnaires for
Investigative Processing (e-QIP) system, which allows applicants to
electronically enter, update, and release their personal investigative
data over a secure internet connection to an employing agency for
review and approval. The e-QIP system is a web-based automated system
that facilitates the processing of standard investigative forms used
when conducting background investigations for Federal security,
suitability, fitness, and credentialing purposes. The NRC allows
applicants to complete their security form, the Questionnaire for
National Security Positions, Standard Form 86 (SF-86), electronically
through the (e-QIP) system to minimize errors and expedite processing.
This direct final rule updates 10 CFR parts 11 and 25 to clarify that
the NRC uses the e-QIP system for applicants to provide their personal
investigative data.
V. Section-by-Section Analysis
The following paragraphs describe the specific changes in this
direct final rule.
Section 11.7 Definitions
This direct final rule revises the definitions in Sec. 11.7 for
NRC-``R'' special nuclear material access authorization and NRC-``U''
special nuclear material access authorization to include the new naming
conventions for background investigations case types.
Section 11.8 Information Collection Requirements: OMB Approval
This direct final rule revises Sec. 11.8 to add a new paragraph
(c) to clarify that the information collections for the electronic form
``Electronic Questionnaire for Investigations Processing (e-QIP),
Questionnaire for National Positions--Standard Form 86 (SF-86)'' are
approved under OMB control number 3206-0005.
Section 11.15 Application for Special Nuclear Material Access
Authorization
This direct final rule revises paragraphs (b)(1) and (c)(1)(ii) to
specify the electronic form of the SF-86.
This direct final rule revises paragraph (e)(1) to revise the NRC
processing fee charged to licensees for work performed under the MAAP
from 55.8 percent of the DCSA investigation billing rates to 90.2
percent.
This direct final rule revises paragraph (e)(3) to (1) change the
NRC processing fee charged to licensees for work performed under the
MAAP from 55.8 percent of the DCSA investigation billing rates to 90.2
percent, (2) indicate that MAAP requests for reciprocity will be
charged at a flat fee rate of $95.00, and (3) include the new naming
conventions for background investigations case types.
This direct final rule revises paragraph (e)(4) to clarify that
certain applications from individuals with current Federal access
authorizations may be processed expeditiously and at a reduced cost.
This direct final rule revises paragraph (f)(1) to include the new
naming conventions for background investigations case types.
Section 11.16 Cancellation of Request for Special Nuclear Material
Access Authorization
This direct final rule revises Sec. 11.16 to include the new
naming conventions for background investigations case types.
Section 25.5 Definitions
This direct final rule revises the definitions for ``L'' access
authorization and ``Q'' access authorization to include the new naming
conventions for background investigations case types.
Section 25.8 Information Collection Requirements: OMB Approval
This direct final rule revises Sec. 25.8(c)(2) to clarify that the
information collections for the electronic form ``Electronic
Questionnaire for Investigations Processing (e-QIP), Questionnaire for
National Positions--Standard Form 86 (SF-86)'' are approved under OMB
control number 3206-0005.
Section 25.17 Approval for Processing Applicants for Access
Authorization
This direct final rule revises paragraph (d)(1)(i) to specify the
electronic form of the SF-86.
This direct final rule revises paragraph (f)(1) to change the NRC
processing fee charged to licensees for work performed under the IAAP
from 55.8 percent of the DCSA investigation billing rates to 90.2
percent.
This direct final rule revises paragraph (f)(3) to indicate that
IAAP requests for reciprocity will be charged a flat fee rate of
$95.00.
Appendix A to 10 CFR Part 25--Fees for NRC Access Authorization
This direct final rule revises the table in appendix A to 10 CFR
part 25 to include the new naming conventions for background
investigations case types.
Section 95.5 Definitions
This direct final rule revises the definitions for NRC ``L'' access
authorization and NRC ``Q'' access authorization to include the new
naming conventions for background investigations case types.
[[Page 73635]]
VI. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the
Commission certifies that this direct final rule amending 10 CFR parts
11, 25, and 95 does not have a significant economic impact on a
substantial number of small entities. This direct final rule applies to
those licensees who use, process, store, transport, or deliver to a
carrier for transport, formula quantities of special nuclear material
(as defined in 10 CFR part 73) or generate, receive, safeguard, and
store National Security Information or Restricted Data (as defined in
10 CFR part 95). Two licensees, both fuel cycle facilities, are
currently required to comply with 10 CFR part 11. Seventy-eight
licensees and other organizations, mostly power reactors and fuel cycle
facilities, are currently required to comply with 10 CFR part 25. None
of these licensees are ``small entities'' as defined in the Regulatory
Flexibility Act or the size standards established by the NRC (Sec.
2.810). This direct final rule also applies to contractors of those
licensees required to comply with this direct final rule who use,
process, store, transport, or deliver to a carrier for transport,
formula quantities of special nuclear material (as defined in 10 CFR
part 73) or generate, receive, safeguard, and store National Security
Information or Restricted Data (as defined in 10 CFR part 95). Some of
these contractors may be ``small entities'' as defined in the
Regulatory Flexibility Act or the NRC's size standards. However, some
of these contractors are reimbursed through the contract for the cost
of securing access authorization. There are not a substantial number of
unreimbursed ``small entity'' contractors who apply for access
authorization, nor is the NRC aware of any significant impact on these
unreimbursed ``small entity'' contractors.
VII. Regulatory Analysis
A regulatory analysis has not been prepared for this direct final
rule. This direct final rule ensures that the NRC recovers the full
cost of application processing from licensees submitting access
authorization requests, as is required by statute (42 U.S.C. 2214(b)).
The formula method for calculating these fees continues to provide an
efficient and effective mechanism for updating the NRC access
authorization fees in response to changes in the underlying DCSA
investigation billing rates schedule for required personnel background
investigations. The Nuclear Energy Innovation and Modernization Act (42
U.S.C. 2215) requires the NRC to recover through fees the full cost
incurred in providing a service or thing of value. These amendments
will neither impose new safety requirements nor relax existing ones
and, therefore, do not call for the sort of safety/cost analysis
described in the NRC's regulatory analysis guidelines in NUREG/BR-0058,
Revision 4, ``Regulatory Analysis Guidelines of the U.S. Nuclear
Regulatory Commission,'' dated September 2004 (ADAMS Accession No.
ML042820192).
VIII. Backfitting and Issue Finality
The NRC has determined that the backfit rule does not apply to this
direct final rule and that a backfit analysis is not required.
Collection of fees to recover the NRC's costs is required by statute
(42 U.S.C. 2214(b)). Therefore, changes to rules designating the amount
to be collected are not subject to the backfitting provisions or issue
finality provisions in 10 CFR chapter I.
IX. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885).
X. National Environmental Policy Act
The NRC has determined that this final rule is the type of action
described in 10 CFR 51.22(c)(1), which is categorically excluded from
environmental review. Therefore, neither an environmental impact
statement nor environmental assessment has been prepared for this final
rule.
XI. Paperwork Reduction Act Statement
This direct final rule does not contain new or amended information
collection requirements subject to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the
Office of Management and Budget (OMB), Approval Numbers 3150-0046 and
3150-0062.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
OMB control number.
XII. Congressional Review Act
In accordance with the Congressional Review Act of 1996 (5 U.S.C.
801-808), the NRC has determined that this action is not a major rule
and has verified this determination with the Office of Information and
Regulatory Affairs of the Office of Management and Budget.
XIII. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995,
Public Law 104-113, requires that Federal agencies use technical
standards that are developed or adopted by voluntary consensus
standards bodies unless the use of such a standard is inconsistent with
applicable law or is otherwise impractical. In this direct final rule,
the NRC will revise the formula for calculating the NRC's access
authorization fee charged to licensees for work performed under MAAP
and IAAP from 55.8 percent of the DCSA investigation billing rate for
an investigation of a given type to 90.2 percent. In addition, MAAP
requests for reciprocity will be charged a flat fee rate of $95.00.
This action does not constitute the establishment of a standard that
contains generally applicable requirements.
List of Subjects
10 CFR Part 11
Hazardous materials transportation, Investigations, Nuclear energy,
Nuclear materials, Penalties, Reporting and recordkeeping requirements,
Security measures, Special nuclear material.
10 CFR Part 25
Classified information, Criminal penalties, Investigations,
Penalties, Reporting and recordkeeping requirements, Security measures.
10 CFR Part 95
Classified information, Criminal penalties, Penalties, Reporting
and recordkeeping requirements, Security measures.
For the reasons set forth in the preamble and under the authority
of the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendments to 10 CFR parts 11, 25, and 95:
PART 11--CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR
ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL
0
1. The authority citation for part 11 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 161, 223 (42 U.S.C.
2201, 2273); Energy
[[Page 73636]]
Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 44 U.S.C.
3504 note.
Section 11.15(e) also issued under 31 U.S.C. 9701; 42 U.S.C.
2214.
0
2. In Sec. 11.7, revise the definitions for NRC-``R'' special nuclear
material access authorization and NRC-``U'' special nuclear material
access authorization to read as follows:
Sec. 11.7 Definitions.
* * * * *
NRC-``R'' special nuclear material access authorization means an
administrative determination based upon a Tier 3 background
investigation that an individual in the course of employment is
eligible to work at a job falling within the criterion of Sec.
11.11(a)(2).
NRC-``U'' special nuclear material access authorization means an
administrative determination based upon a Tier 5 background
investigation that an individual in the course of employment is
eligible to work at a job falling within the criterion of Sec.
11.11(a)(1) or Sec. 11.13.
* * * * *
0
3. Sec. In 11.8, add paragraph (c) to read as follows:
Sec. 11.8 Information collection requirements: OMB approval.
* * * * *
(c) In Sec. 11.15, the SF-86, ``Electronic Questionnaire for
Investigations Processing (e-QIP), Questionnaire for National
Positions--Standard Form 86,'' is approved under control number 3206-
0005.
0
4. In Sec. 11.15, revise paragraphs (b)(1), (c)(1)(ii), (e)(1), (3),
and (4), and (f)(1) to read as follows:
Sec. 11.15 Application for special nuclear material access
authorization.
* * * * *
(b) * * *
(1) Electronic Questionnaire for Investigations Processing (e-QIP),
Questionnaire for National Security Positions--Standard Form 86 (SF-
86);
* * * * *
(c)(1) * * *
(ii) The Electronic Questionnaire for Investigations Processing (e-
QIP), Questionnaire for National Security Positions--Standard Form 86
(SF-86);
* * * * *
(e) * * *
(1) Each application for a special nuclear material access
authorization, renewal, or change in level must be accompanied by a
remittance, payable to the U.S. Nuclear Regulatory Commission, which is
equal to the NRC material access authorization fee. This fee must be
determined using the following formula: The DCSA investigation billing
rates on the day of NRC receipt of the application + the NRC processing
fee = the NRC material access authorization fee. The NRC processing fee
is determined by multiplying the DCSA investigation billing rate on the
day of NRC receipt of the application by 90.2 percent (i.e., DCSA rate
x 90.2 percent).
* * * * *
(3) The NRC's Material Access Authorization Program (MAAP) is
considered reimbursable work representing services provided to an
organization for which the NRC is entitled payment. The NRC is
authorized to receive and retain fees from licensees for services
performed. The NRC's Office of the Chief Financial Officer periodically
reviews the fees charged for MAAP and makes recommendations on revising
those charges to reflect costs incurred by the NRC in providing those
services. The reviews are performed using cost analysis techniques to
determine the direct and indirect costs. Based on this review, all MAAP
requests for reciprocity will be charged a flat fee rate of $95.00 as
referenced in paragraph (e)(4)(i) of this section. This flat fee would
be aligned with the level of effort that has recently been expended by
DCSA to process reciprocity requests, and accounts for inflation as
well as recovery of the appropriate cost for conducting this work.
Copies of the current NRC material access authorization fee may be
obtained by contacting the NRC's Personnel Security Branch, Division of
Facilities and Security, Office of Administration by email to:
[email protected]. Any change in the
NRC's access authorization fees will be applicable to each access
authorization request received on or after the effective date of the
DCSA's most recently published investigation billing rates schedule.
(4) Certain applications from individuals having current Federal
access authorizations may be processed expeditiously and at a reduced
cost because the Commission, at its discretion, may decide to accept
the certification of access authorizations and investigative data from
other Federal Government agencies that grant personnel access
authorizations.
(i) Applications for reciprocity will be processed at the NRC flat
fee rate of $95 per request as referenced in the following table:
------------------------------------------------------------------------
The NRC application fee for an access authorization of
type . . . NRC fee rate
------------------------------------------------------------------------
(A) NRC-R based on certification of comparable $95
investigation \1\......................................
(B) NRC-U based on certification of comparable 95
investigation \2\......................................
------------------------------------------------------------------------
\1\ If the NRC determines, based on its review of available data, that a
Tier 3 investigation is necessary, the appropriate NRC-R fee will be
assessed as shown in paragraph (e)(4)(ii) of this section before the
conduct of the investigation.
\2\ If the NRC determines, based on its review of available data, that a
Tier 5 investigation is necessary, the appropriate NRC-U fee will be
assessed as shown in paragraph (e)(4)(ii) of this section before the
conduct of the investigation.
(ii) Applicants shall, in cases where reciprocity is not acceptable
and it is necessary to perform a background investigation, be charged
the appropriate fee as referenced in the following table. Applicants
shall calculate the access authorization fee according to the stated
formula (i.e., DCSA rate x 90.2 percent).
----------------------------------------------------------------------------------------------------------------
Plus the NRC's processing
fee (rounded to the nearest
Is the sum of the current DCSA dollar), which is equal to
The NRC application fee for an access investigation billing rate the DCSA investigation
authorization of type . . . charged for an investigation of billing rate for the type of
type . . . investigation referenced
multiplied by . . . (%)
----------------------------------------------------------------------------------------------------------------
(A) NRC-R initial \1\.......................... Tier 3 (T3) (Standard Service)... 90.2
(B) NRC-R renewal \1\.......................... Tier 3 Reinvestigation (T3R) 90.2
(Standard Service).
(C) NRC-U initial.............................. Tier 5 (T5) (Standard Service)... 90.2
(D) NRC-U initial (expedited processing)....... Tier 5 (T5) (Priority Handling).. 90.2
(E) NRC-U renewal \1\.......................... Tier 5 Reinvestigation (T5R) 90.2
(Standard Service).
[[Page 73637]]
(F) NRC-U renewal \1\ (expedited processing)... Tier 5 Reinvestigation (T5R) 90.2
(Priority Handling).
----------------------------------------------------------------------------------------------------------------
\1\ If the NRC determines, based on its review of available data, that a Tier 5 investigation is necessary, the
appropriate NRC-U fee will be assessed before the conduct of the investigation.
(f)(1) Any Federal employee, employee of a contractor of a Federal
agency, licensee, or other person visiting an affected facility for the
purpose of conducting official business, who possesses an active NRC or
DOE-Q access authorization or an equivalent Federal security clearance
granted by another Federal agency (``Top Secret'') based on a
comparable T5 background investigation may be permitted, in accordance
with Sec. 11.11, the same level of unescorted access that an NRC-U
special nuclear material access authorization would afford.
* * * * *
Sec. 11.16 [Amended]
0
5. In Sec. 11.16, fourth sentence:
0
a. Remove the designation `` ``U'' '' and add in its place the
designation `` ``U'' or ``R'' ''; and
0
b. Remove the designation ``single scope'' and add in its place the
designation ``Tier 5''.
PART 25--ACCESS AUTHORIZATION
0
6. The authority citation for part 25 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 145, 161, 223, 234
(42 U.S.C. 2165, 2201, 2273, 2282); Energy Reorganization Act of
1974, sec. 201 (42 U.S.C. 5841); 44 U.S.C. 3504 note; E.O. 10865, 25
FR 1583, as amended, 3 CFR, 1959-1963 Comp., p. 398; E.O. 12829, 58
FR 3479, 3 CFR, 1993 Comp., p. 570; E.O. 13526, 75 FR 707, 3 CFR,
2009 Comp., p. 298; E.O. 12968, 60 FR 40245, 3 CFR, 1995 Comp., p.
391.
Section 25.17(f) and Appendix A also issued under 31 U.S.C.
9701; 42 U.S.C. 2214.
0
7. In Sec. 25.5, revise the definitions for ``L'' access authorization
and ``Q'' access authorization to read as follows:
Sec. 25.5 Definitions.
* * * * *
``L'' access authorization means an access authorization granted by
the Commission that is normally based on a Tier 3 (T3) investigation
conducted by the Defense Counterintelligence and Security Agency
(DCSA).
* * * * *
``Q'' access authorization means an access authorization granted by
the Commission normally based on a Tier 5 (T5) investigation conducted
by the Defense Counterintelligence and Security Agency, the Federal
Bureau of Investigation, or other U.S. Government agency that conducts
personnel security investigations.
* * * * *
0
8. In Sec. 25.8, revise paragraph (c)(2) to read as follows:
Sec. 25.8 Information collection requirements: OMB approval.
* * * * *
(c) * * *
(2) In Sec. Sec. 25.17(c), 25.21(c), 25.27(b), 25.29, and 25.31,
the ``Electronic Questionnaire for Investigations Processing (e-QIP),
Questionnaire for National Positions--Standard Form 86 (SF-86)'' is
approved under control number 3206-0005.
* * * * *
0
9. In Sec. 25.17, revise paragraphs (d)(1)(i) and (f)(1), (3), and (4)
to read as follows:
Sec. 25.17 Approval for processing applicants for access
authorization.
* * * * *
(d)(1) * * *
(i) Electronic Questionnaire for Investigations Processing (e-QIP),
Questionnaire for National Security Positions--Standard Form 86 (SF-
86).
* * * * *
(f) * * *
(1) Each application for access authorization, renewal, or change
in level must be accompanied by a remittance, payable to the U.S.
Nuclear Regulatory Commission, which is equal to the NRC access
authorization fee. This fee must be determined using the following
formula: The DCSA investigation billing rates on the day the NRC
receives the application + the NRC processing fee = the NRC access
authorization fee. The NRC processing fee is determined by multiplying
the DCSA investigation billing rate on the day the NRC receives the
application by 90.2 percent (i.e., DCSA rate x 90.2 percent).
* * * * *
(3) The NRC's Information Access Authority Program (IAAP) is
considered reimbursable work representing services provided to an
organization for which the NRC is entitled payment. The NRC is
authorized to receive and retain fees from licensees for services
performed. The NRC's Office of the Chief Financial Officer periodically
reviews the fees charged for IAAP and makes recommendations on revising
those charges to reflect costs incurred by the NRC in providing those
services. The reviews are performed using cost analysis techniques to
determine the direct and indirect costs. Based on this review, the IAAP
fees are adjusted to reflect the current cost for the program. IAAP
requests for reciprocity will be charged a flat fee rate of $95.00 as
referenced in paragraph (f)(4) of this section. This flat fee is
aligned with the level of effort that has been expended by DCSA to
process reciprocity requests, and accounts for inflation as well as
recovery of the appropriate cost for conducting the investigations.
Copies of the current NRC access authorization fee may be obtained by
contacting the NRC's Personnel Security Branch, Division of Facilities
and Security, Office of Administration by email at:
[email protected]. Any change in the
NRC's access authorization fee will be applicable to each access
authorization request received on or after the effective date of the
DCSA's most recently published investigation billing rates schedule.
(4) Certain applications from individuals having current Federal
access authorizations may be processed more expeditiously and at less
cost because the Commission, at its discretion, may decide to accept
the certification of access authorization and investigative data from
other Federal Government agencies that grant personnel access
authorizations.
(i) Applications for reciprocity will be processed at the NRC flat
fee rate of $95 per request, as referenced in the following table:
[[Page 73638]]
------------------------------------------------------------------------
The NRC application fee for an access authorization of
type . . . NRC fee rate
------------------------------------------------------------------------
(A) NRC-L based on certification of comparable $95
investigation \1\......................................
(B) NRC-Q based on certification of comparable 95
investigation \2\......................................
------------------------------------------------------------------------
\1\ If the NRC determines, based on its review of available data, that a
Tier 3 investigation is necessary, the appropriate NRC-L fee will be
assessed as shown in appendix A to this part before the conduct of the
investigation.
\2\ If the NRC determines, based on its review of available data, that a
Tier 5 investigation is necessary, the appropriate NRC-Q fee will be
assessed as shown in appendix A to this part before the conduct of the
investigation.
(ii) Applicants shall, in cases where reciprocity is not acceptable
and it is necessary to perform a background investigation, be charged
the appropriate fee referenced in appendix A to this part. Applicants
shall calculate the access authorization fee according to the stated
formula (i.e., DCSA rate x 90.2 percent).
0
10. Revise appendix A to part 25 to read as follows:
Appendix A to Part 25--Fees for NRC Access Authorization
----------------------------------------------------------------------------------------------------------------
Plus the NRC's processing
fee (rounded to the nearest
Is the sum of the current DCSA dollar), which is equal to
The NRC application fee for an access investigation billing rate charged the investigation billing
authorization of type . . . for an investigation of type . . . rate for the type of
investigation referenced
multiplied by . . . (%)
----------------------------------------------------------------------------------------------------------------
Initial ``L'' access authorization \1\......... Tier 3 (T3) (Standard Service).... 90.2
Reinstatement of ``L'' access authorization \2\ No fee assessed for most ...........................
applications.
Renewal of ``L'' access authorization \1\...... Tier 3 Reinvestigation (T3R) 90.2
(Standard Service).
Initial ``Q'' access authorization............. Tier 5 (T5) (Standard Service).... 90.2
Initial ``Q'' access authorization (expedited T5 (Priority Handling)............ 90.2
processing).
Reinstatement of ``Q'' access authorization \2\ No fee assessed for most ...........................
applications.
Renewal of ``Q'' access authorization\1\....... Tier 5 Reinvestigation (T5R) 90.2
(Standard Service).
Renewal of ``Q'' access authorization \1\...... Tier 5 Reinvestigation (T5R) 90.2
(Priority Handling).
----------------------------------------------------------------------------------------------------------------
\1\ If the NRC determines, based on its review of available data, that a Tier 5 investigation is necessary, the
appropriate fee for an Initial ``Q'' access authorization will be assessed before the conduct of
investigation.
\2\ Full fee will only be charged if an investigation is required.
PART 95--FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL
SECURITY INFORMATION AND RESTRICTED DATA
0
11. The authority citation for part 95 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 145, 161, 223, 234
(42 U.S.C. 2165, 2201, 2273, 2282); Energy Reorganization Act of
1974, sec. 201 (42 U.S.C. 5841); 44 U.S.C. 3504 note; E.O. 10865, as
amended, 25 FR 1583, 3 CFR, 1959-1963 Comp., p. 398; E.O. 12829, 58
FR 3479, 3 CFR, 1993 Comp., p. 570; E.O. 12968, 60 FR 40245, 3 CFR,
1995 Comp., p. 391; E.O. 13526, 75 FR 707, 3 CFR, 2009 Comp., p.
298.
0
12. In Sec. 95.5, revise the definitions for NRC ``L'' access
authorization and NRC ``Q'' access authorization to read as follows:
Sec. 95.5 Definitions.
* * * * *
NRC ``L'' access authorization means an access authorization
granted by the Commission that is normally based on a Tier 3 (T3)
investigation or a Tier 3 reinvestigation (T3R) conducted by the
Defense Counterintelligence and Security Agency.
NRC ``Q'' access authorization means an access authorization
granted by the Commission normally based on a Tier 5 (T5) investigation
conducted by the Defense Counterintelligence and Security Agency, the
Federal Bureau of Investigation, or other U.S. Government agency that
conducts personnel security investigations.
* * * * *
Dated: December 21, 2021.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
[FR Doc. 2021-28116 Filed 12-27-21; 8:45 am]
BILLING CODE 7590-01-P